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If an inspection is performed after the property has been placed on the market is it the Listing Agent or Seller responsible to disclose? Assume that the Listing Agent held a conversation over the telephone with the buyer and he tells her not to send him the information of the home inspection? Can the seller simply say he did not know all of the defects in the home because the Listing Agent did not fax him the forms. Lastly, what is the binding agreement between Listing Agent and Seller? Is their agreement based on the same agreement as an Agency; such as, a lawyer and client? Once the agreement is executed, does the Agent act on behalf of the seller?
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